2009 SCCL.COM 165(Case No: Civil Appeal No. 1088 of 2009)
Usha Rajkhowa and others Appellants versus M/s. Paramount Industries and others Respondents
Date of Decision(mm/dd/yy): 2/17/2009.
Judge(s): Hon'ble Mr. Justice S.B. Sinha and Hon'ble Mr. Justice V.S. Sirpurkar.
Subject Index: Motor accident — contributory negligence — compensation — the Tribunal limited the appellants' entitlement to 50% of assessed claim amount and granted compensation of Rs.6,56,300/- on the ground that there was contributory negligence on the part of the driver of the Car, who lost his life in accident. He was the husband of appellant No. 1 and the father of appellant No. 2. The Car was insured by respondent No. 3 Oriental Insurance Company Ltd. — the appellants herein challenges the judgment passed by the High Court, confirming the judgment of the Motor Accidents Claim Tribunal — there was absolutely no evidence to suggest that there was any failure on the part of the Car driver to take any particular care or that he had breached his duty in any manner. Such breach on his part had to be proved by Insurance Company — there would be no question of restricting the claim to the 50% of the assessed amount of compensation — the compensation was correctly assessed — would not confirm the theory that the accident took place because of the contributory negligence and would choose to award full compensation to the appellants.